Immigration appeal, administrative review and judicial review advice
A Home Office refusal can be stressful and disruptive, but it is not always the end of the matter. Depending on the type of decision, the reasons for refusal and the evidence available, you may be able to challenge the decision or make a stronger fresh application.
Templeton Legal Services advises individuals and families on challenging Home Office decisions, including immigration appeals, administrative reviews and judicial reviews.
Our immigration appeal solicitors can assess the refusal, explain the available remedies and help you decide on the most appropriate next step.
How can you challenge a Home Office decision?
The correct way to challenge an immigration refusal depends on the type of application and the legal basis of the decision.
Some decisions carry a right of appeal to the First-tier Tribunal. Other eligible decisions may be challenged through administrative review where the Home Office is said to have made a caseworking error. In more limited circumstances, judicial review may be available to challenge the lawfulness of a decision, action or failure to act.
The applicable deadline can be short, so it is important to obtain advice as soon as possible after receiving a refusal.
Immigration Appeals
An immigration appeal allows an eligible Home Office decision to be considered by the First-tier Tribunal (Immigration and Asylum Chamber).
Appeal rights commonly arise in certain human rights, protection and other immigration decisions where legislation provides a right of appeal.
A successful appeal will often depend on careful analysis of the refusal decision, strong supporting evidence, clear legal submissions and thorough preparation for the tribunal process.
Our immigration appeal solicitors can:
- assess whether you have a right of appeal;
- advise on the merits of your case;
- lodge the appeal;
- prepare witness statements and supporting evidence;
- prepare the appeal bundle and legal submissions;
- work with counsel where appropriate; and
- represent your interests throughout the appeal process.
Administrative review
An administrative review may be available where an eligible Home Office decision is said to be wrong because of a caseworking error.
Administrative review is not a complete reconsideration of the application. The challenge must identify the relevant error in the original decision and explain why the decision should be corrected.
We can review the refusal decision, assess whether administrative review is available and prepare representations addressing the relevant caseworking errors.
The Home Office’s current rules define administrative review as the review of an eligible decision to determine whether it was wrong because of a caseworking error.
Judicial review
Judicial review is a specialist legal remedy used to challenge the lawfulness of a decision, action or failure to act by a public body, including the Home Office.
Judicial review is not simply an opportunity to ask a court or tribunal to reconsider the merits of an immigration application. It focuses on whether the decision-making process or decision was legally flawed.
Depending on the circumstances, judicial review may be appropriate where a decision is unlawful, procedurally unfair, irrational or otherwise legally defective. It is generally considered where there is no adequate alternative remedy.
We can advise on the merits of a potential judicial review, prepare pre-action correspondence and assist with the next stage of proceedings where appropriate. GOV.UK confirms that judicial review is concerned with the lawfulness of a decision and that other remedies, such as an appeal, may need to be used instead where available.
Fresh applications
In some cases, the better strategy may be to submit a fresh application rather than challenge the refusal.
This may be appropriate where the refusal was caused by missing evidence, weak presentation, changed circumstances or a route that was not properly supported. We can advise on whether a challenge or fresh application is likely to be the stronger course.
Speak to an immigration appeals lawyer
A Home Office refusal should be reviewed quickly and carefully before deciding what to do next.
Our immigration appeal solicitors can assess your refusal and advise whether you should pursue an appeal, administrative review, judicial review or fresh application.
Contact Templeton Legal Services for tailored advice on challenging a Home Office decision.
